2015Da2133 Revocation of revocation of the election of head offices

A

Korean Licensed Real Estate Agents Association

Seoul High Court Decision 2014Na29539 Decided December 8, 2014

May 14, 2015

The judgment below is reversed and the case is remanded to Seoul High Court.

Judgment ex officio is made.

A lawsuit for the formation of a legal relationship may be instituted only where there is a express provision in the law (see, e.g., Supreme Court Decision 2000Da45020, Jan. 16, 2001). The instant lawsuit is a lawsuit seeking the cancellation of a decision for invalidation of election by the chief of the Defendant Association B, which the Defendant Association had against the Plaintiff, and thus constitutes a lawsuit for formation, and there is no express provision to seek the cancellation of the decision for invalidation of election by the Defendant Association established by the relevant law. Therefore, the instant lawsuit is unlawful. Nevertheless, the instant lawsuit is unlawful. Nevertheless, the lower court, as in the first instance trial, did not err by misapprehending the legal doctrine on the subject of the lawsuit.

Therefore, without examining the grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min Il-young

Justices Park Young-young

Justices Kim In-bok, Counsel for defendant

Justices Kim Jong-il